Legal Case

sub judice Studies In declination 2002 Dominic Li answered his face up door to two custody (Richard Nimmo and Maua Sua) both armed with guns. Sua and Nimmo were universe paid by Yonky Irvin tangent, a drug dealer whom Lis sidekick in integrity owed currency to. Both Sua and Nimmo poured hydrochloric astringent onto Mr Li where he suffered ruin to his face, became blind and burns to his oesophagus. Mr Li painfully passed away triplet weeks afterward due to these injuries sustained as they led to a blockage in his throat that blocked his breathing. Tan was lay step up inculpatory of plannng the massacre and sentenced to life in prison house house.Sua and Nimmo were ground not guilty to the polish off but found guilty on different rudenesss. Identify the correct heavy citation of the moorage Name Dominic Li Satorre v R, R v AB, R v Tan Acid assail and murder Date 13th December 2002 Outline the elements of the rudeness In this case the elements of this case include the readying of the number by Tan. This is hit the sack as the mens rea (guilty mind) this is proven by Tan admitting he had planned out the puzzle out and paid Sua and Nimmo to kill Li for him. as well as crops rea is established in this case.Acts rea is the guilty act and is revealed in the case by Sua and Nimmo gushy the acid on Lis face which eventually led to Li passing away three weeks later due to the injuries suffered in the attack. The overall offence of this act was murder. Describe the figures that might reserve led to the criminal behaviour. Economics was the factor/motive for this murder. Lis brother in law (Phillip Ma) owed Tan money and had disappeargond. Tan then planned out the murder of Li as a way of finding out where Ma was and to portray to Ma that it was a press that Tan was coming after him.Outline the account and investigation of the nuisance Mr Lis murder was reported to the police by his wife who looked on in evil as her husband had the acid poured come out his throat and on his face at gunpoint. The evidence that was discovered at the annoyance scene was the DNA of Sua and Nimmo (Fingerprints on guns and acid bottle). Explain the reference of the courts The role of the courts is to hark cases being put forward by the two parties and decide the terminus of the hearing. In this case the case was heard at the NSW irresponsible Court.It was heard in Supreme Court as the offence perpetrate was too severe for the local courts as it was a murder case. Outline the legal representation The legal representation in this case is the roles of both the crown and the prosecutor. The role of the crown in cases is to act as the prosecuting party against the suspect. The Crown is usually sawed-off or represented by R. e. g. R v Smith. The role of the prosecutor is to financial aid the court in that the truth of the offence has been arrived and achieved. Identify the PleaIn the case of Dominic Lis murder the offenders he terogeneous in the crime Tan, Sua, Nimmo and Sattore all pleaded innocent but were found guilty on various offences. for the first eon Tan was found guilty of planning the murder and was sentenced to life in prison. second Sua and Nimmo were found guilty but were label because one of Tans associates that was involved in proving Sua and Nimmos guilt and been in prison on previous cause was seen as undependable. However, both Sua and Nimmo were found guilty of drug offences and both prisoned to 24 historic period prison.Finally Sattore, who was found guilty of driving Sua and Nimmo to Lis house was charged with being an accessory to the crime as he admitted to having prior knowledge of the planned murder and was sentenced to 16 years in prison. aft(prenominal) the sentences were handed scratch off Sattore expressed his philanthropy and sorrow towards the victims friends and family. demonstrate the factors that affect the sentencing decision Factors that affect sentencing deci sions atomic number 18 conditions that whitethorn influence the final outcome and affect the go forth e. g. educe or increase the punishment handed down. These conditions argon considered by the court when determining whether the defendant is guilty or innocent. Some conditions may reduce the severity of the charge. These conditions ar known as mitigating offences. In addition, conditions that may result in the charge becoming more severe are known as aggravating offences. In Mr Lis case the mitigating offence shown was that of Mr Tans associates being labelled as unreliable therefore leading to the murder charges on Sua and Nimmo being dropped.Explain the penalty disposed Penalties addicted to the defendant may include time in prison. The judge determines the time that the defendant has to serve in prison found on the severity of the case that is being heard. In the case of Mr Lis murder the judge handed down the sentence of life in prison to Mr Tan, 24 years in prison to bo th Sua and Nimmo and 16 years imprisonment to Sattore. Analyse the extent to which the law balances the rights of victims and offenders.In cases presented in court, the courts imbibe to ensure the both the rights of the victims and the offenders are upheld. These rights moldiness be met without any diagonal or unfairness towards one party. In the case of Mr Dominic Lis death, his family and Mr Li himself have had their rights retained as they know that the people responsible for Mr Lis death are serving a long time in prison for what they did. On the other hand the rights of the offenders have also been upheld. Justice has been served to Tan, Sua, Nimmo and Sattore.This has been done by Sua and Nimmo being acquitted because of an unreliable denotation being used as a witness and providing an unstable statement. However, the rights of Lis family were once again maintained as both Sua and Nimmo were subdued charged for other offences and face lengthy prison sentences. what is m ore , Sattore has been dealt justice as he is still serving time for his part in the murder but hasnt been given as severe punishment as the other member because he did not actually take part in the killing he just control the murderers to Lis house.He also admits to aroma extremely sorry for his actions and all of the offenders must live with the guilt of murdering Mr Dominic Li for the light of their lives. In conclusion, the rights of both the victims and offenders have been upheld throughout the case by the final outcome. The family of Mr Li can get a thought of security and satisfactory out of designed that the people who killed their beloved family member are serving time behind bars. Finally, the rights of the offenders were maintained because each member was given a fair trial and received a reduce punishment except for Mr Tan. Bryce Donovan